Henderson's Estate

Citations

• 228 Pa. 405
• 77 A. 634
• 1910 Pa. LEXIS 497

Syllabus

<p>Wills — Construction—Income—Support and maintenance — Annuitant.</p> <p>Where a testatrix directs her executors to pay an annuitant $25.00 per month for life “and to keep sufficient funds invested therefor, and in case of sickness, if the said sum is not sufficient for his maintenance” to pay such additional sum as in their judgment may be necessary, and the executors file an account some years after the death of the testatrix, showing a balance on hand of over $41,000, of which over $10,000 was accumulated income, and the orphans’ court directs $15,000 to be invested for the annuitant, and distributes the balance to the residuary legatee, such action of the court will not be reversed on appeal, where there is nothing in the will to indicate that the whole fund was to be retained for the protection of the annuitant.</p>